President Joe Biden’s Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has taken another shot to the chin over the agency’s propensity to make laws rather than enforce them.
On Thursday, a federal judge in Texas overturned the administration’s ban on forced reset triggers, which automatically return to their starting position after being pulled.
District Judge Reed O’Connor, who has been front and center in recent decisions to rein in the rogue agency, ruled in the case National Association for Gun Rights v. Garland that ATF overstepped their bounds in classifying guns using forced reseat triggers as “machine guns” under the Gun Control Act of 1968.
“Having considered the above-referenced filings and applicable law, the Court concludes that Defendants engaged in unlawful agency action taken in excess of their authority,” Judge O’Connor wrote in the decision.
In the decision, Judge O’Connor quoted extensively from the recent U.S. Supreme Court ruling tossing the bump stock ban, created by the ATF under the Trump administration and defended in court by the Biden/Harris administration.
“By continuing to characterize a ‘single function of the trigger’ as a ‘single constant rearward pull of the trigger,’ Defendants transform the required statutory focus away from the objective trigger mechanics to the subjective actions of the gun user instead,” ruling stated. “This is incorrect and is the same rewriting of the statute Defendants already attempted and failed to do with bump stocks.”
In the end, the judge couldn’t reconcile the government’s ineffective arguments with the recent bump stock decision.
“Because the Cargill decisions from the en banc Fifth Circuit and the Supreme Court are squarely dispositive of the issue in this case, the Court concludes that ATF’s regulation is not in accord with the statutory definition of ‘machine gun,’” the ruling stated. “By redefining the statutory definition, the ATF exceeded the scope of its authority.”
Representatives of the National Association for Gun Rights (NAGR) were elated with the decision in the case.
“We are absolutely thrilled that the court has dealt such a decisive blow to the ATF’s unconstitutional agency overreach,” said Hannah Hill, executive director of the NAGR’s legal arm, the National Foundation for Gun Rights. “The ATF under the Biden/Harris regime has utterly trampled the Constitution and the rule of law in their eagerness to destroy the Second Amendment. The ATF may appeal this ruling, but precedent and momentum are both on our side, and we fully anticipate the absolute end of the ATF’s unlawful, unconstitutional ban on forced reset triggers.”
The ATF will simply find something else to ban, like booger hooks. Which they will require you to surgically surrender it/them. 😉
Let’s all gather around in a court and dissect machine gun while failing to dissect the Gun Control in the 1968 Gun Control Act…Once again Gun Control skates by without a scratch and lives to screw you another day…what a clown show…
https://youtube.com/watch?v=WlItbl9SOAg&feature=shared
https://www.uscourts.gov/forms/pro-se-forms/complaint-violation-civil-rights-non-prisoner
Have at it.
state…For once…You Have At It.
Already did so a few times now put up or shut up
The gun rights organizations that I belong to like the GOA, FPC, NAGR, RMGO, NRA, SAF, and others do more with my limited amount of cash than your constant harping on this site. I give each one of these organizations 100 dollars a year. Yeah so what right?…It’s all that I can afford. What do you do besides denigrate good people here on TTAG? I watched your YouTube post with Colion Nior and others talking about gun controls racist roots. And that video is awesome but it needs to reach others outside of this venue. What have you done to make that happen? The people on TTAG already know this! How else are you helping the cause? I’m not a lawyer so I have to give to those lawyers that can represent us. You mocked me before for giving to these organisations, so what’s your solution?
“The enemy of my enemy is my friend.”
Except on/in this forum?
If the fighting starts, we will all be glad Debbie is on the barricade with us.
I just wish it was as more than a lightning rod.
Yep…that’s what I thought crickets.
No surgery required. I give them 1 finger on each hand every time I hear ATF
That pic of Biden with the article…
Biden thinking: “Yummmm….that little girl … sniff her hair or get Jill to give me ice cream. Where am I? God save the Queen man.”
Biden is probably thinking(I know it is not likely) how he can have both the little girl and the ice cream.
If he sees a little girl with ice cream, he probably will take the ice cream from her as he takes a sniff.
Not a joke man!
Even after Biden is dead and rotting in the ground the attacks on the 2nd Amendment will continue. Even if Trump becomes President. Until the ideology that continues these attacks is eliminated from the nation they will never stop. Whether it be at the state or federal level. The Founding Patriots did it once when the British Crown attempted to disarm the citizenry. What is the difference between those brave Patriots and the so called Patriots of nowadays? I will leave that for you to answer, because it yours to decide. Knowing full well that even if you chose not to decide…You still have made a choice.
And what did you decide?
Darkman: The choice is easy for me: Trump Vance 2024.
You cannot kill an idea. That’s why we have ISIS, Hamas, communists and gun banners.
I have that on LP!
The problem is that they do not accept the difference between automatic and semiautomatic.
The difference is irrelevant to them. Semiautos shoot “almost” as fast and they are a “clear and present danger” that needs to be eliminated. They will always elide the difference.
Semi and Auto are mere 4 letter words and neither end in K.
“Rules are for children. This is war, and in war the only crime is to lose.”
― Joe Abercrombie, Last Argument of Kings
“Rules are for children. This is war, and in war the only crime is to lose.”
― Joe Abercrombie, Last Argument of Kings”
It is amazing how many people still believe, yes, believe that war can be made more humane by following a set of rules. Anyone not willing to annihilate the enemy (as in wipe them from the earth) is too dangerous to be walking around, free; anyone. Especially those with power to send their populace into war; “There is no substitute for victory.”
Had a Democrat activist come by the GOP booth at the Lincoln County OR Fair…mentioned all gun control is racist and unconstitutional…then offered a raffle ticket for a Mossberg Riot gun. She said “nobody needs a gun”, to which I replied:
Well, if you steal this election you’re gonna wish you won, Granny…
Biden is not the President and hasn’t been for quite a while. The Whitehouse has been taken over by an unelected, unaccountable, unidentifiable, unconstitutional committee of Democratic Operatives. There has been a coup. The Vice President and the cabinet have committed treason by not performing their duties under the 25 Amendment.
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